codul schengen engl

8/8/2019 Codul Schengen Engl

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I

(Acts whose publication is obligatory)

REGULATION (EC) No 562/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 15 March 2006

establishing a Community Code on the rules governing the movement of persons across borders(Schengen Borders Code)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-PEAN UNION,

Having regard to the Treaty establishing the European Commu-nity, and in particular Articles 62(1) and (2)(a) thereof,

Having regard to the proposal from the Commission,

Acting in accordance with the procedure laid down in Article 251of the Treaty (1),

Whereas:

(1) The adoption of measures under Article 62(1) of the Treatywith a view to ensuring the absence of any controls on per-sons crossing internal borders forms part of the Unionsobjective of establishing an area without internal bordersin which the free movement of persons is ensured, as setout in Article 14 of the Treaty.

(2) In accordance with Article 61 of the Treaty, the creation ofan area in which persons may move freely is to be flanked

by other measures. The common policy on the crossing ofexternal borders, as provided for by Article 62(2) of theTreaty, is such a measure.

(3) The adoption of common measures on the crossing ofinternal borders by persons and border control at external

borders should reflect the Schengen acquis incorporated inthe European Union framework, and in particular the rel-evant provisions of the Convention implementing theSchengen Agreement of 14 June 1985 between the Gov-ernments of the States of the Benelux Economic Union, theFederal Republic of Germany and the French Republic onthe gradual abolition of checks at their common borders (2)and the Common Manual (3).

(4) As regards border control at external borders, the establish-ment of a common corpus of legislation, particularly viaconsolidation and development of the acquis, is one of thefundamental components of the common policy on the

management of the external borders, as defined in theCommission Communication of 7 May 2002 Towardsintegrated management of the external borders of theMember States of the European Union. This objective wasincluded in the Plan for the management of the external

borders of the Member States of the European Union,approved by the Council on 13 June 2002 and endorsed

by the Seville European Council on 21 and 22 June 2002and by the Thessaloniki European Council on 19and 20 June 2003.

(5) The definition of common rules on the movement of per-

sons across borders neither calls into question nor affectsthe rights of free movement enjoyed by Union citizens andmembers of their families and by third-country nationalsand members of their families who, under agreements

between the Community and its Member States, on theone hand, and those third countries, on the other hand,enjoy rights of free movement equivalent to those of Unioncitizens.

(6) Border control is in the interest not only of the MemberState at whose external borders it is carried out but of allMember States which have abolished internal border con-trol. Border control should help to combat illegal immigra-

tion and trafficking in human beings and to prevent anythreat to the Member States internal security, public policy,public health and international relations.

(7) Border checks should be carried out in such a way as tofully respect human dignity. Border control should be car-ried out in a professional and respectful manner and beproportionate to the objectives pursued.

(8) Border control comprises not only checks on persons atborder crossing points and surveillance between these bor-der crossing points, but also an analysis of the risks forinternal security and analysis of the threats that may affectthe security of external borders. It is therefore necessary tolay down the conditions, criteria and detailed rules govern-ing checks at border crossing points and surveillance.

(1) Opinion of the European Parliament of 23 June 2005 (not yet pub-lished in the Official Journal) and Council Decision of 21 February

2006.(2) OJ L 239, 22.9.2000, p. 19. Convention as last amended by Regula-tion (EC) No 1160/2005 of the European Parliament and of the Coun-cil (OJ L 191, 22.7.2005, p. 18).

(3) OJ C 313, 16.12.2002, p. 97. Common Manual as last amended byCouncil Regulation (EC) No 2133/2004 (OJ L 369, 16.12.2004, p. 5).

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(9) Provision should be made for relaxing checks at externalborders in the event of exceptional and unforeseeable cir-cumstances in order to avoid excessive waiting time at bor-ders crossing-points. The systematic stamping of thedocuments of third-country nationals remains an obliga-tion in the event of border checks being relaxed. Stamping

makes it possible to establish, with certainty, the date onwhich, and where, the border was crossed, without estab-lishing in all cases that all required travel document con-trol measures have been carried out.

(10) In order to reduce the waiting times of persons enjoyingthe Community right of free movement, separate lanes,indicated by uniform signs in all Member States, should,where circumstances allow, be provided at border cross-ing points. Separate lanes should be provided in interna-tional airports. Where it is deemed appropriate and if localcircumstances so allow, Member States should considerinstalling separate lanes at sea and land border crossing

points.

(11) Member States should ensure that control procedures atexternal borders do not constitute a major barrier to tradeand social and cultural interchange. To that end, theyshould deploy appropriate numbers of staff and resources.

(12) Member States should designate the national service or ser-vices responsible for border-control tasks in accordancewith their national law. Where more than one service isresponsible in the same Member State, there should be

close and constant cooperation between them.

(13) Operational cooperation and assistance between MemberStates in relation to border control should be managedand coordinated by the European Agency for the Manage-ment of Operational Cooperation at the External Bordersof the Member States established by Regulation (EC)No 2007/2004 (1).

(14) This Regulation is without prejudice to checks carried outunder general police powers and security checks on per-

sons identical to those carried out for domestic flights, tothe possibilities for Member States to carry out exceptionalchecks on baggage in accordance with Council Regulation(EEC) No 3925/91 of 19 December 1991 concerning theelimination of controls and formalities applicable to thecabin and hold baggage of persons taking an intra-Community flight and the baggage of persons making anintra-Community sea crossing (2), and to national law oncarrying travel or identity documents or to the requirementthat persons notify the authorities of their presence on theterritory of the Member State in question.

(15) Member States should also have the possibility of tempo-rarily reintroducing border control at internal borders inthe event of a serious threat to their public policy or inter-nal security. The conditions and procedures for doing soshould be laid down, so as to ensure that any such mea-sure is exceptional and that the principle of proportional-

ity is respected. The scope and duration of any temporaryreintroduction of border control at internal borders shouldbe restricted to the bare minimum needed to respond tothat threat.

(16) In an area where persons may move freely, the reintroduc-tion of border control at internal borders should remain anexception. Border control should not be carried out or for-malities imposed solely because such a border is crossed.

(17) Provision should be made for a procedure enabling theCommission to adapt certain detailed practical rules gov-erning border control. In such cases, the measures neededto implement this Regulation should be taken pursuantto Council Decision 1999/468/EC of 28 June 1999 layingdown the procedures for the exercise of implementingpowers conferred on the Commission (3).

(18) Provision should also be made for a procedure enabling theMember States to notify the Commission of changes toother detailed practical rules governing border control.

(19) Since the objective of this Regulation, namely the establish-ment of rules applicable to the movement of personsacross borders cannot be sufficiently achieved by the Mem-

ber States and can therefore be better achieved at Commu-nity level, the Community may adopt measures, inaccordance with the principle of subsidiarity as set out inArticle 5 of the Treaty. In accordance with the principle ofproportionality, as set out in that Article, this Regulationdoes not go beyond what is necessary in order to achievethat objective.

(20) This Regulation respects fundamental rights and observesthe principles recognised in particular by the Charter ofFundamental Rights of the European Union. It should beapplied in accordance with the Member States obligationsas regards international protection and non-refoulement.

(21) By way of derogation from Article 299 of the Treaty, theonly territories of France and the Netherlands to which thisRegulation applies are those in Europe. It does not affectthe specific arrangements applied in Ceuta and Melilla, asdefined in the Agreement on the Accession of the King-

dom of Spain to the Convention implementing the Schen-gen Agreement of 14 June 1985 (4).

(1) Council Regulation (EC) No 2007/2004 of 26 October 2004 estab-

lishing a European Agency for the Management of Operational Coop-eration at the External Borders of the Member States of the EuropeanUnion (OJ L 349, 25.11.2004, p. 1).

(2) OJ L 374, 31.12.1991, p. 4. Regulation as amended by Regulation (EC)No 1882/2003 of the European Parliament and of the Council(OJ L 284, 31.10.2003, p. 1).

(3) OJ L 184, 17.7.1999, p. 23.(4) OJ L 239, 22.9.2000, p. 69.

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(22) In accordance with Articles 1 and 2 of the Protocol on thePosition of Denmark annexed to the Treaty on EuropeanUnion and to the Treaty establishing the European Com-munity, Denmark is not taking part in the adoption of thisRegulation and is not bound by it or subject to its appli-cation. Given that this Regulation builds upon the Schen-

gen acquis under the provisions of Title IV of Part Three ofthe Treaty establishing the European Community, Den-mark should, in accordance with Article 5 of the said Pro-tocol, decide within a period of six months after the dateof adoption of this Regulation whether it will implementit in its national law or not.

(23) As regards Iceland and Norway, this Regulation constitutesa development of provisions of the Schengen acquis withinthe meaning of the Agreement concluded by the Councilof the European Union and the Republic of Iceland and theKingdom of Norway concerning the latters association

with the implementation, application and development ofthe Schengen acquis (1) which fall within the area referredto in Article 1, point A, of Council Decision1999/437/EC (2) on certain arrangements for the applica-tion of that Agreement.

(24) An arrangement has to be made to allow representatives ofIceland and Norway to be associated with the work ofcommittees assisting the Commission in the exercise of itsimplementing powers. Such an arrangement has been con-templated in the Exchanges of Letters between the Councilof the European Union and the Republic of Iceland and the

Kingdom of Norway concerning committees which assistthe European Commission in the exercise of its executivepowers (3), annexed to the abovementioned Agreement.

(25) As regards Switzerland, this Regulation constitutes a devel-opment of provisions of the Schengen acquis within themeaning of the Agreement signed between the EuropeanUnion, the European Community and the Swiss Confed-eration concerning the association of the Swiss Confedera-tion with the implementation, application anddevelopment of the Schengen acquis, which fall within thearea referred to in Article 1, point A, of Decision

1999/437/EC read in conjunction with Article 4(1) ofCouncil Decisions 2004/849/EC (4) and 2004/860/EC (5).

(26) An arrangement has to be made to allow representatives ofSwitzerland to be associated with the work of committeesassisting the Commission in the exercise of its implement-ing powers. Such an arrangement has been contemplatedin the Exchange of Letters between the Community andSwitzerland, annexed to the abovementioned Agreement.

(27) This Regulation constitutes a development of provisions ofthe Schengen acquis in which the United Kingdom does nottake part, in accordance with Council Decision2000/365/EC of 29 May 2000 concerning the request ofthe United Kingdom of Great Britain and Northern Irelandto take part in some of the provisions of the Schengenacquis (6). The United Kingdom is therefore not taking partin its adoption and is not bound by it or subject to itsapplication.

(28) This Regulation constitutes a development of provisions ofthe Schengen acquis in which Ireland does not take part, inaccordance with Council Decision 2002/192/EC of 28 Feb-

ruary 2002 concerning Irelands request to take part insome of the provisions of the Schengen acquis (7). Irelandis therefore not taking part in its adoption and is not bound

by it or subject to its application.

(29) In this Regulation, the first sentence of Article 1,Article 5(4)(a), Title III and the provisions of Title II and theannexes thereto referring to the Schengen Information Sys-tem (SIS) constitute provisions building on the Schengenacquis or otherwise related to it within the meaning ofArticle 3(2) of the 2003 Act of Accession,

HAVE ADOPTED THIS REGULATION:

TITLE I

GENERAL PROVISIONS

Article 1

Subject matter and principles

This Regulation provides for the absence of border control of per-sons crossing the internal borders between the Member States ofthe European Union.

It establishes rules governing border control of persons crossingthe external borders of the Member States of the European Union.

Article 2

Definitions

For the purposes of this Regulation the following definitions shallapply:

1. internal borders means:

(a) the common land borders, including river and lake bor-ders, of the Member States;

(1) OJ L 176, 10.7.1999, p. 36.(2) OJ L 176, 10.7.1999, p. 31.(3) OJ L 176, 10.7.1999, p. 53.(4) Council Decision 2004/849/EC of 25 October 2004 on the signing,

on behalf of the European Union, and on the provisional applicationof certain provisions of the Agreement between the European Union,the European Community and the Swiss Confederation concerning theSwiss Confederations association with the implementation, applica-tion and development of the Schengen acquis (OJ L 368, 15.12.2004,p. 26).

(5) Council Decision 2004/860/EC of 25 October 2004 on the signing,

on behalf of the European Community, and on the provisional appli-cation of certain provisions of the Agreement between the EuropeanUnion, the European Community and the Swiss Confederation, con-cerning the Swiss Confederations association with the implementa-tion, application and development of the Schengen acquis (OJ L 370,17.12.2004, p. 78).

(6) OJ L 131, 1.6.2000, p. 43.(7) OJ L 64, 7.3.2002, p. 20.



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(b) the airports of the Member States for internal flights;

(c) sea, river and lake ports of the Member States for regu-lar ferry connections;

2. external borders means the Member States land borders,including river and lake borders, sea borders and their air-ports, river ports, sea ports and lake ports, provided that theyare not internal borders;

3. internal flight means any flight exclusively to or from theterritories of the Member States and not landing in the terri-tory of a third country;

4. regular ferry connection means any ferry connectionbetween the same two or more ports situated in the territoryof the Member States, not calling at any ports outside the ter-

ritory of the Member States and consisting of the transportof passengers and vehicles according to a published timetable;

5. persons enjoying the Community right of free movementmeans:

(a) Union citizens within the meaning of Article 17(1) ofthe Treaty, and third-country nationals who are mem-

bers of the family of a Union citizen exercising his or herright to free movement to whom Directive 2004/38/ECof the European Parliament and of the Council of29 April 2004 on the right of citizens of the Union andtheir family members to move and reside freely withinthe territory of the Member States (1) applies;

(b) third-country nationals and their family members, what-ever their nationality, who, under agreements betweenthe Community and its Member States, on the one hand,and those third countries, on the other hand, enjoy rightsof free movement equivalent to those of Union citizens;

6. third-country national means any person who is not a Unioncitizen within the meaning of Article 17(1) of the Treaty andwho is not covered by point 5 of this Article;

7. persons for whom an alert has been issued for the purposesof refusing entry means any third-country national for whoman alert has been issued in the Schengen Information System(SIS) in accordance with and for the purposes laid down inArticle 96 of the Schengen Convention;

8. border crossing point means any crossing-point authorised by the competent authorities for the crossing of externalborders;

9. border control means the activity carried out at a border, inaccordance with and for the purposes of this Regulation, in

response exclusively to an intention to cross or the act ofcrossing that border, regardless of any other consideration,consisting of border checks and border surveillance;

10. border checks means the checks carried out at border cross-ing points, to ensure that persons, including their means oftransport and the objects in their possession, may be autho-rised to enter the territory of the Member States or authorisedto leave it;

11. border surveillance means the surveillance of bordersbetween border crossing points and the surveillance of bor-der crossing points outside the fixed opening hours, in orderto prevent persons from circumventing border checks;

12. second line check means a further check which may be car-ried out in a special location away from the location at whichall persons are checked (first line);

13. border guard means any public official assigned, in accor-

dance with national law, to a border crossing point or alongthe border or the immediate vicinity of that border who car-ries out, in accordance with this Regulation and national law,

border control tasks;

14. carrier means any natural or legal person whose professionit is to provide transport of persons;

15. residence permit means:

(a) all residence permits issued by the Member Statesaccording to the uniform format laid down by CouncilRegulation (EC) No 1030/2002 of 13 June 2002 layingdown a uniform format for residence permits for third-country nationals (2);

(b) all other documents issued by a Member State to third-country nationals authorising a stay in, or re-entry into,its territory, with the exception of temporary permitsissued pending examination of a first application for aresidence permit as referred to in point (a) or an appli-cation for asylum;

16. cruise ship means a ship which follows a given itinerary inaccordance with a predetermined programme, whichincludes a programme of tourist activities in the variousports, and which normally neither takes passengers on norallows passengers to disembark during the voyage;

17. pleasure boating means the use of pleasure boats for sport-ing or tourism purposes;

18. coastal fisheries means fishing carried out with the aid of

vessels which return every day or within 36 hours to a portsituated in the territory of a Member State without calling ata port situated in a third country;

(1) OJ L 158, 30.4.2004, p. 77. (2) OJ L 157, 15.6.2002, p. 1.



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19. threat to public health means any disease with epidemicpotential as defined by the International Health Regulationsof the World Health Organisation and other infectious dis-eases or contagious parasitic diseases if they are the subjectof protection provisions applying to nationals of the Mem-

ber States.

Article 3

Scope

This Regulation shall apply to any person crossing the internal orexternal borders of Member States, without prejudice to:

(a) the rights of persons enjoying the Community right of freemovement;

(b) the rights of refugees and persons requesting internationalprotection, in particular as regards non-refoulement.

TITLE II

EXTERNAL BORDERS

CHAPTER I

Crossing of external borders and conditions for entry

Article 4

Crossing of external borders

1. External borders may be crossed only at border crossingpoints and during the fixed opening hours. The opening hoursshall be clearly indicated at border crossing points which are notopen 24 hours a day.

Member States shall notify the list of their border crossing pointsto the Commission in accordance with Article 34.

2. By way of derogation from paragraph 1, exceptions to theobligation to cross external borders only at border crossing pointsand during the fixed opening hours may be allowed:

(a) in connection with pleasure boating or coastal fishing;

(b) for seamen going ashore to stay in the area of the port wheretheir ships call or in the adjacent municipalities;

(c) for individuals or groups of persons, where there is a require-ment of a special nature, provided that they are in possessionof the permits required by national law and that there is

no conflict with the interests of public policy and the inter-nal security of the Member States;

(d) for individuals or groups of persons in the event of anunforeseen emergency situation.

3. Without prejudice to the exceptions provided for in para-graph 2 or to their international protection obligations, MemberStates shall introduce penalties, in accordance with their nationallaw, for the unauthorised crossing of external borders at placesother than border crossing points or at times other than the fixedopening hours. These penalties shall be effective, proportionate

and dissuasive.

Article 5

Entry conditions for third-country nationals

1. For stays not exceeding three months per six-month period,the entry conditions for third-country nationals shall be thefollowing:

(a) they are in possession of a valid travel document or docu-ments authorising them to cross the border;

(b) they are in possession of a valid visa, if required pursuantto Council Regulation (EC) No 539/2001 of 15 March 2001listing the third countries whose nationals must be in pos-session of visas when crossing the external borders and thosewhose nationals are exempt from that requirement (1), exceptwhere they hold a valid residence permit;

(c) they justify the purpose and conditions of the intended stay,

and they have sufficient means of subsistence, both for theduration of the intended stay and for the return to their coun-try of origin or transit to a third country into which they arecertain to be admitted, or are in a position to acquire suchmeans lawfully;

(d) they are not persons for whom an alert has been issued in theSIS for the purposes of refusing entry;

(e) they are not considered to be a threat to public policy, inter-nal security, public health or the international relations ofany of the Member States, in particular where no alert has

been issued in Member States national data bases for the pur-poses of refusing entry on the same grounds.

2. A non-exhaustive list of supporting documents which the border guard may request from the third-country national inorder to verify the fulfilment of the conditions set out in para-graph 1, point c, is included in Annex I.

3. Means of subsistence shall be assessed in accordance withthe duration and the purpose of the stay and by reference to aver-age prices in the Member State(s) concerned for board and lodg-

ing in budget accommodation, multiplied by the number of daysstayed.

(1) OJ L 81, 21.3.2001, p. 1. Regulation as last amended by Regulation(EC) No 851/2005 (OJ L 141, 4.6.2005, p. 3).



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Reference amounts set by the Member States shall be notified tothe Commission in accordance with Article 34.

The assessment of sufficient means of subsistence may be basedon the cash, travellers cheques and credit cards in the third-country nationals possession. Declarations of sponsorship, wheresuch declarations are provided for by national law and letters ofguarantee from hosts, as defined by national law, where the third-country national is staying with a host, may also constitute evi-dence of sufficient means of subsistence.

4. By way of derogation from paragraph 1:

(a) third-country nationals who do not fulfil all the conditionslaid down in paragraph 1 but hold a residence permit or a

re-entry visa issued by one of the Member States or, whererequired, both documents, shall be authorised to enter theterritories of the other Member States for transit purposes sothat they may reach the territory of the Member State whichissued the residence permit or re-entry visa, unless theirnames are on the national list of alerts of the Member Statewhose external borders they are seeking to cross and the alertis accompanied by instructions to refuse entry or transit;

(b) third-country nationals who fulfil the conditions laid down inparagraph 1, except for that laid down in point (b), and whopresent themselves at the border may be authorised to enter

the territories of the Member States, if a visa is issued at the border in accordance with Council Regulation (EC)No 415/2003 of 27 February 2003 on the issue of visas atthe border, including the issue of such visas to seamen intransit (1).

Visas issued at the border shall be recorded on a list.

If it is not possible to affix a visa in the document, it shall,exceptionally, be affixed on a separate sheet inserted in thedocument. In such a case, the uniform format for forms for

affixing the visa, laid down by Council Regulation (EC)No 333/2002 of 18 February 2002 on a uniform format forforms for affixing the visa issued by Member States to per-sons holding travel documents not recognised by the Mem-

ber State drawing up the form (2), shall be used;

(c) third-country nationals who do not fulfil one or more of theconditions laid down in paragraph 1 may be authorised by aMember State to enter its territory on humanitarian grounds,on grounds of national interest or because of internationalobligations. Where the third-country national concerned isthe subject of an alert as referred to in paragraph 1(d), the

Member State authorising him or her to enter its territoryshall inform the other Member States accordingly.

CHAPTER II

Control of external borders and refusal of entry

Article 6

Conduct of border checks

1. Border guards shall, in the performance of their duties, fullyrespect human dignity.

Any measures taken in the performance of their duties shall beproportionate to the objectives pursued by such measures.

2. While carrying out border checks, border guards shall notdiscriminate against persons on grounds of sex, racial or ethnicorigin, religion or belief, disability, age or sexual orientation.

Article 7

Border checks on persons

1. Cross-border movement at external borders shall be subjectto checks by border guards. Checks shall be carried out in accor-dance with this chapter.

The checks may also cover the means of transport and objects in

the possession of the persons crossing the border. The law of theMember State concerned shall apply to any searches which arecarried out.

2. All persons shall undergo a minimum check in order toestablish their identities on the basis of the production or presen-tation of their travel documents. Such a minimum check shallconsist of a rapid and straightforward verification, where appro-priate by using technical devices and by consulting, in the relevantdatabases, information exclusively on stolen, misappropriated,lost and invalidated documents, of the validity of the documentauthorising the legitimate holder to cross the border and of thepresence of signs of falsification or counterfeiting.

The minimum check referred to in the first subparagraph shall bethe rule for persons enjoying the Community right of freemovement.

However, on a non-systematic basis, when carrying out minimumchecks on persons enjoying the Community right of free move-ment, border guards may consult national and European data-

bases in order to ensure that such persons do not represent agenuine, present and sufficiently serious threat to the internalsecurity, public policy, international relations of the MemberStates or a threat to the public health.

The consequences of such consultations shall not jeopardise theright of entry of persons enjoying the Community right of freemovement into the territory of the Member State concerned aslaid down in Directive 2004/38/EC.

(1) OJ L 64, 7.3.2003, p. 1.(2) OJ L 53, 23.2.2002, p. 4.



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3. On entry and exit, third-country nationals shall be subjectto thorough checks.

(a) thorough checks on entry shall comprise verification of theconditions governing entry laid down in Article 5(1) and,where applicable, of documents authorising residence andthe pursuit of a professional activity. This shall include adetailed examination covering the following aspects:

(i) verification that the third-country national is in posses-sion of a document which is valid for crossing the bor-der and which has not expired, and that the document isaccompanied, where applicable, by the requisite visa orresidence permit;

(ii) thorough scrutiny of the travel document for signs offalsification or counterfeiting;

(iii) examination of the entry and exit stamps on the traveldocument of the third-country national concerned, inorder to verify, by comparing the dates of entry and exit,that the person has not already exceeded the maximumduration of authorised stay in the territory of the Mem-

ber States;

(iv) verification regarding the point of departure and the des-tination of the third-country national concerned and thepurpose of the intended stay, checking if necessary, thecorresponding supporting documents;

(v) verification that the third-country national concernedhas sufficient means of subsistence for the duration andpurpose of the intended stay, for his or her return to thecountry of origin or transit to a third country into whichhe or she is certain to be admitted, or that he or she is ina position to acquire such means lawfully;

(vi) verification that the third-country national concerned,his or her means of transport and the objects he or sheis transporting are not likely to jeopardise the publicpolicy, internal security, public health or internationalrelations of any of the Member States. Such verificationshall include direct consultation of the data and alerts onpersons and, where necessary, objects included in the SISand in national data files and the action to be performed,if any, as a result of an alert;

(b) thorough checks on exit shall comprise:

(i) verification that the third-country national is in posses-sion of a document valid for crossing the border;

(ii) verification of the travel document for signs of falsifica-tion or counterfeiting;

(iii) whenever possible, verification that the third-countrynational is not considered to be a threat to public policy,internal security or the international relations of any ofthe Member States;

(c) In addition to the checks referred to in point (b) thoroughchecks on exit may also comprise:

(i) verification that the person is in possession of a validvisa, if required pursuant to Regulation (EC)No 539/2001, except where he or she holds a valid resi-

dence permit;

(ii) verification that the person did not exceed the maximumduration of authorised stay in the territory of the Mem-

ber States;

(iii) consultation of alerts on persons and objects included inthe SIS and reports in national data files.

4. Where facilities exist and if requested by the third-countrynational, such thorough checks shall be carried out in a privatearea.

5. Third-country nationals subject to a thorough second linecheck shall be given information on the purpose of, and proce-dure for, such a check.

This information shall be available in all the official languages ofthe Union and in the language(s) of the country or countries bor-dering the Member State concerned and shall indicate that thethird-country national may request the name or service identifi-cation number of the border guards carrying out the thoroughsecond line check, the name of the border crossing point and thedate on which the border was crossed.

6. Checks on a person enjoying the Community right on freemovement shall be carried out in accordance with Directive2004/38/EC.

7. Detailed rules governing the information to be registered arelaid down in Annex II.

Article 8

Relaxation of border checks

1. Border checks at external borders may be relaxed as a resultof exceptional and unforeseen circumstances. Such exceptionaland unforeseen circumstances shall be deemed to be those whereunforeseeable events lead to traffic of such intensity that the wait-ing time at the border crossing point becomes excessive, and allresources have been exhausted as regards staff, facilities andorganisation.

2. Where border checks are relaxed in accordance with para-graph 1, border checks on entry movements shall in principletake priority over border checks on exit movements.

The decision to relax checks shall be taken by the border guard incommand at the border crossing point.

Such relaxation of checks shall be temporary, adapted to the cir-cumstances justifying it and introduced gradually.



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3. Even in the event that checks are relaxed, the border guardshall stamp the travel documents of third-country nationals bothon entry and exit, in accordance with Article 10.

4. Each Member State shall transmit once a year a report on

the application of this Article to the European Parliament and theCommission.

Article 9

Separate lanes and information on signs

1. Member States shall provide separate lanes, in particular atair border crossing points in order to carry out checks on persons,in accordance with Article 7. Such lanes shall be differentiated bymeans of the signs bearing the indications set out in the Annex III.

Member States may provide separate lanes at their sea and landborder crossing points and at borders between Member States notapplying Article 20 at their common borders. The signs bearingthe indications set out in the Annex III shall be used if MemberStates provide separate lanes at those borders.

Member States shall ensure that such lanes are clearly signposted,including where the rules relating to the use of the different lanesare waived as provided for in paragraph 4, in order to ensure opti-mal flow levels of persons crossing the border.

2. (a) Persons enjoying the Community right of free move-ment are entitled to use the lanes indicated by the signin part A of Annex III. They may also use the lanes indi-cated by the sign in part B of Annex III.

(b) All other persons shall use the lanes indicated by thesign in part B of Annex III.

The indications on the signs referred to in points (a) and (b) maybe displayed in such language or languages as each Member Stateconsiders appropriate.

3. At sea and land border crossing points, Member States mayseparate vehicle traffic into different lanes for light and heavyvehicles and buses by using signs as shown in Part C of Annex III.

Member States may vary the indications on those signs whereappropriate in the light of local circumstances.

4. In the event of a temporary imbalance in traffic flows at aparticular border crossing point, the rules relating to the use ofthe different lanes may be waived by the competent authoritiesfor the time necessary to eliminate such imbalance.

5. The adaptation of existing signs to the provisions of para-graphs 1, 2 and 3 shall be completed by 31 May 2009. WhereMember States replace existing signs or put up new ones beforethat date, they shall comply with the indications provided for inthose paragraphs.

Article 10

Stamping of the travel documents of third-countrynationals

1. The travel documents of third-country nationals shall besystematically stamped on entry and exit. In particular an entry orexit stamp shall be affixed to:

(a) the documents, bearing a valid visa, enabling third-countrynationals to cross the border;

(b) the documents enabling third-country nationals to whom avisa is issued at the border by a Member State to cross the

border;

(c) the documents enabling third-country nationals not subjectto a visa requirement to cross the border.

2. The travel documents of nationals of third countries whoare members of the family of a Union citizen to whom Directive2004/38/EC applies, but who do not present the residence card

provided for in Article 10 of that Directive, shall be stamped onentry or exit.

The travel documents of nationals of third countries who aremembers of the family of nationals of third countries enjoying theCommunity right of free movement, but who do not present theresidence card provided for in Article 10 of Directive 2004/38/EC,shall be stamped on entry or exit.

3. No entry or exit stamp shall be affixed:

(a) to the travel documents of Heads of State and dignitarieswhose arrival has been officially announced in advancethrough diplomatic channels;

(b) to pilots licences or the certificates of aircraft crew members;

(c) to the travel documents of seamen who are present withinthe territory of a Member State only when their ship puts inand in the area of the port of call;

(d) to the travel documents of crew and passengers of cruiseships who are not subject to border checks in accordancewith point 3.2.3 of Annex VI;

(e) to documents enabling nationals of Andorra, Monaco andSan Marino to cross the border.



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Exceptionally, at the request of a third-country national, insertionof an entry or exit stamp may be dispensed with if insertion mightcause serious difficulties for that person. In that case, entry or exitshall be recorded on a separate sheet indicating the name andpassport number. That sheet shall be given to the third-countrynational.

4. The practical arrangements for stamping are set out inAnnex IV.

5. Whenever possible, third-country nationals shall beinformed of the border guards obligation to stamp their traveldocument on entry and exit, even where checks are relaxed inaccordance with Article 8.

6. The Commission shall report to the European Parliamentand the Council by the end of 2008 on the operation of the pro-

visions on stamping travel documents.

Article 11

Presumption as regards fulfilment of conditions ofduration of stay

1. If the travel document of a third-country national does notbear an entry stamp, the competent national authorities may pre-sume that the holder does not fulfil, or no longer fulfils, the con-ditions of duration of stay applicable within the Member Stateconcerned.

2. The presumption referred to in paragraph 1 may be rebut-ted where the third-country national provides, by any means,credible evidence, such as transport tickets or proof of his or herpresence outside the territory of the Member States, that he or shehas respected the conditions relating to the duration of a shortstay.

In such a case:

(a) where the third-country national is found on the territory of

a Member State applying the Schengen acquis in full, the com-petent authorities shall indicate, in accordance with nationallaw and practice, in his or her travel document the date onwhich, and the place where, he or she crossed the external

border of one of the Member States applying the Schengenacquis in full;

(b) where the third-country national is found on the territory ofa Member State in respect of which the decision contem-plated in Article 3(2) of the 2003 Act of Accession has not

been taken, the competent authorities shall indicate, in accor-dance with national law and practice, in his or her traveldocument the date on which, and the place where, he or she

crossed the external border of such a Member State.

In addition to the indications referred to in points (a) and (b), aform as shown in Annex VIII may be given to the third-countrynational.

Member States shall inform each other and the Commission andthe Council General Secretariat of their national practices withregard to the indications referred to in this Article.

3. Should the presumption referred to in paragraph 1 not be

rebutted, the third-country national may be expelled by the com-petent authorities from the territory of the Member Statesconcerned.

Article 12

Border surveillance

1. The main purpose of border surveillance shall be to preventunauthorised border crossings, to counter cross-border criminal-ity and to take measures against persons who have crossed the

border illegally.

2. The border guards shall use stationary or mobile unitsto carry out border surveillance.

That surveillance shall be carried out in such a way as to preventand discourage persons from circumventing the checks at bordercrossing points.

3. Surveillance between border crossing points shall be carriedout by border guards whose numbers and methods shall beadapted to existing or foreseen risks and threats. It shall involvefrequent and sudden changes to surveillance periods, so thatunauthorised border crossings are always at risk of being detected.

4. Surveillance shall be carried out by stationary or mobileunits which perform their duties by patrolling or stationing them-selves at places known or perceived to be sensitive, the aim ofsuch surveillance being to apprehend individuals crossing the bor-der illegally. Surveillance may also be carried out by technicalmeans, including electronic means.

5. Additional rules governing surveillance may be adopted inaccordance with the procedure referred to in Article 33(2).

Article 13

Refusal of entry

1. A third-country national who does not fulfil all the entryconditions laid down in Article 5(1) and does not belong to thecategories of persons referred to in Article 5(4) shall be refusedentry to the territories of the Member States. This shall be with-out prejudice to the application of special provisions concerningthe right of asylum and to international protection or the issue oflong-stay visas.

2. Entry may only be refused by a substantiated decision stat-ing the precise reasons for the refusal. The decision shall be taken

by an authority empowered by national law. It shall take effectimmediately.



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The substantiated decision stating the precise reasons for therefusal shall be given by means of a standard form, as set out inAnnex V, Part B, filled in by the authority empowered by nationallaw to refuse entry. The completed standard form shall be handedto the third-country national concerned, who shall acknowledgereceipt of the decision to refuse entry by means of that form.

3. Persons refused entry shall have the right to appeal. Appealsshall be conducted in accordance with national law. A writtenindication of contact points able to provide information on rep-resentatives competent to act on behalf of the third-countrynational in accordance with national law shall also be given to thethird-country national.

Lodging such an appeal shall not have suspensive effect on a deci-sion to refuse entry.

Without prejudice to any compensation granted in accordancewith national law, the third-country national concerned shall,where the appeal concludes that the decision to refuse entry wasill-founded, be entitled to correction of the cancelled entry stamp,and any other cancellations or additions which have been made,

by the Member State which refused entry.

4. The border guards shall ensure that a third-country nationalrefused entry does not enter the territory of the Member Stateconcerned.

5. Member States shall collect statistics on the number of per-sons refused entry, the grounds for refusal, the nationality of thepersons refused and the type of border (land, air or sea) at whichthey were refused entry. Member States shall transmit those sta-tistics once a year to the Commission. The Commission shall pub-lish every two years a compilation of the statistics provided by theMember States.

6. Detailed rules governing refusal of entry are given in Part Aof Annex V.

CHAPTER III

Staff and resources for border control and cooperationbetween Member States

Article 14

Staff and resources for border control

Member States shall deploy appropriate staff and resources in suf-ficient numbers to carry out border control at the external bor-ders, in accordance with Articles 6 to 13, in such a way as toensure an efficient, high and uniform level of control at theirexternal borders.

Article 15

Implementation of controls

1. The border control provided for by Articles 6 to 13 shall becarried out by border guards in accordance with the provisions of

this Regulation and with national law.

When carrying out that border control, the powers to instigatecriminal proceedings conferred on border guards by national lawand falling outside the scope of this Regulation shall remainunaffected.

Member States shall ensure that the border guards are specialisedand properly trained professionals. Member States shall encour-age border guards to learn languages, in particular those neces-sary for the carrying-out of their tasks.

2. Member States shall notify to the Commission the list ofnational services responsible for border control under theirnational law in accordance with Article 34.

3. To control borders effectively, each Member State shallensure close and constant cooperation between its national ser-vices responsible for border control.

Article 16

Cooperation between Member States

1. The Member States shall assist each other and shall main-tain close and constant cooperation with a view to the effectiveimplementation of border control, in accordance with Articles 6to 15. They shall exchange all relevant information.

2. Operational cooperation between Member States in the fieldof management of external borders shall be coordinated by theEuropean Agency for the Management of Operational Coopera-tion at the External Borders of the Member States (hereinafterreferred to as the Agency) established by Regulation (EC)No 2007/2004.

3. Without prejudice to the competences of the Agency, Mem- ber States may continue operational cooperation with otherMember States and/or third countries at external borders, includ-ing the exchange of liaison officers, where such cooperationcomplements the action of the Agency.

Member States shall refrain from any activity which could jeop-ardise the functioning of the Agency or the attainment of itsobjectives.

Member States shall report to the Agency on the operationalcooperation referred to in the first subparagraph.

4. Member States shall provide for training on the rules forborder control and on fundamental rights. In that regard, accountshall be taken of the common training standards as establishedand further developed by the Agency.



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Article 17

Joint control

1. Member States which do not apply Article 20 to their com-mon land borders may, up to the date of application of that

Article, jointly control those common borders, in which case aperson may be stopped only once for the purpose of carrying outentry and exit checks, without prejudice to the individual respon-sibility of Member States arising from Articles 6 to 13.

To that end, Member States may conclude bilateral arrangementsbetween themselves.

2. Member States shall inform the Commission of any arrange-ments concluded in accordance with paragraph 1.

CHAPTER IV

Specific rules for border checks

Article 18

Specific rules for the various types of border and thevarious means of transport used for crossing the external

borders

The specific rules set out in Annex VI shall apply to the checkscarried out at the various types of border and on the variousmeans of transport used for crossing border crossing points.

Those specific rules may contain derogations from Articles 5and 7 to 13.

Article 19

Specific rules for checks on certain categories of persons

1. The specific rules set out in Annex VII shall apply to checkson the following categories of persons:

(a) Heads of State and the members of their delegation(s);

(b) pilots of aircraft and other crew members;

(c) seamen;

(d) holders of diplomatic, official or service passports and mem-bers of international organisations;

(e) cross-border workers;

(f) minors.

Those specific rules may contain derogations from Articles 5and 7 to 13.

2. Member States shall notify to the Commission the modelcards issued by their Ministries of Foreign Affairs to accreditedmembers of diplomatic missions and consular representationsand members of their families in accordance with Article 34.

TITLE III

INTERNAL BORDERS

CHAPTER I

Abolition of border control at internal borders

Article 20

Crossing internal borders

Internal borders may be crossed at any point without a bordercheck on persons, irrespective of their nationality, being carriedout.

Article 21

Checks within the territory

The abolition of border control at internal borders shall not affect:

(a) the exercise of police powers by the competent authorities ofthe Member States under national law, insofar as the exerciseof those powers does not have an effect equivalent to borderchecks; that shall also apply in border areas. Within themeaning of the first sentence, the exercise of police powersmay not, in particular, be considered equivalent to the exer-cise of border checks when the police measures:

(i) do not have border control as an objective,

(ii) are based on general police information and experienceregarding possible threats to public security and aim, in

particular, to combat cross-border crime,

(iii) are devised and executed in a manner clearly distinctfrom systematic checks on persons at the external

borders,

(iv) are carried out on the basis of spot-checks;

(b) security checks on persons carried out at ports and airportsby the competent authorities under the law of each MemberState, by port or airport officials or carriers, provided that

such checks are also carried out on persons travelling withina Member State;

(c) the possibility for a Member State to provide by law for anobligation to hold or carry papers and documents;



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(d) the obligation on third-country nationals to report their pres-ence on the territory of any Member State pursuant to theprovisions of Article 22 of the Schengen Convention.

Article 22

Removal of obstacles to traffic at road crossing-points atinternal borders

Member States shall remove all obstacles to fluid traffic flow atroad crossing-points at internal borders, in particular any speedlimits not exclusively based on road-safety considerations.

At the same time, Member States shall be prepared to provide forfacilities for checks in the event that internal border controls arereintroduced.

CHAPTER II

Temporary reintroduction of border control at internalborders

Article 23

Temporary reintroduction of border control at internalborders

1. Where there is a serious threat to public policy or internalsecurity, a Member State may exceptionally reintroduce bordercontrol at its internal borders for a limited period of no more than30 days or for the foreseeable duration of the serious threat if itsduration exceeds the period of 30 days, in accordance with theprocedure laid down in Article 24 or, in urgent cases, with thatlaid down in Article 25. The scope and duration of the temporaryreintroduction of border control at internal borders shall notexceed what is strictly necessary to respond to the serious threat.

2. If the serious threat to public policy or internal security per-sists beyond the period provided for in paragraph 1, the MemberState may prolong border control on the same grounds as thosereferred to in paragraph 1 and, taking into account any new ele-ments, for renewable periods of up to 30 days, in accordance withthe procedure laid down in Article 26.

Article 24

Procedure for foreseeable events

1. Where a Member State is planning to reintroduce bordercontrol at internal borders under Article 23(1), it shall as soon aspossible notify the other Member States and the Commissionaccordingly, and shall supply the following information as soon

as available:

(a) the reasons for the proposed reintroduction, detailing theevents that constitute a serious threat to public policyor internal security;

(b) the scope of the proposed reintroduction, specifying whereborder control is to be reintroduced;

(c) the names of the authorised crossing-points;

(d) the date and duration of the proposed reintroduction;

(e) where appropriate, the measures to be taken by the otherMember States.

2. Following the notification from the Member State con-cerned, and with a view to the consultation provided for in para-graph 3, the Commission may issue an opinion without prejudiceto Article 64(1) of the Treaty.

3. The information referred to in paragraph 1, as well as the

opinion that the Commission may provide in accordance withparagraph 2, shall be the subject of consultations between theMember State planning to reintroduce border control, the otherMember States and the Commission, with a view to organising,where appropriate, mutual cooperation between the MemberStates and to examining the proportionality of the measures tothe events giving rise to the reintroduction of border control andthe threats to public policy or internal security.

4. The consultation referred to in paragraph 3 shall take placeat least fifteen days before the date planned for the reintroductionof border control.

Article 25

Procedure for cases requiring urgent action

1. Where considerations of public policy or internal security ina Member State demand urgent action to be taken, the MemberState concerned may exceptionally and immediately reintroduce

border control at internal borders.

2. The Member State reintroducing border control at internalborders shall notify the other Member States and the Commission

accordingly, without delay, and shall supply the informationreferred to in Article 24(1) and the reasons that justify the use ofthis procedure.

Article 26

Procedure for prolonging border control at internalborders

1. Member States may only prolong border control at internalborders under the provisions of Article 23(2) after having noti-fied the other Member States and the Commission.

2. The Member State planning to prolong border control shallsupply the other Member States and the Commission with all rel-evant information on the reasons for prolonging the border con-trol at internal borders. The provisions of Article 24(2) shall apply.



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Article 27

Informing the European Parliament

The Member State concerned or, where appropriate, the Councilshall inform the European Parliament as soon as possible of themeasures taken under Articles 24, 25 and 26. As of the third con-

secutive prolongation pursuant to Article 26, the Member Stateconcerned shall, if requested, report to the European Parliamenton the need for border control at internal borders.

Article 28

Provisions to be applied where border control isreintroduce at internal borders

Where border control at internal borders is reintroduced, the rel-evant provisions of Title II shall apply mutatis mutandis.

Article 29

Report on the reintroduction of border control at internalborders

The Member State which has reintroduced border control at inter-nal borders under Article 23 shall confirm the date on which thatcontrol is lifted and, at the same time or soon afterwards, presenta report to the European Parliament, the Council and the Com-mission on the reintroduction of border control at internal bor-ders, outlining, in particular, the operation of the checks and theeffectiveness of the reintroduction of border control.

Article 30

Informing the public

The decision to reintroduce border control at internal bordersshall be taken in a transparent manner and the public informedin full thereof, unless there are overriding security reasons for notdoing so.

Article 31

Confidentiality

At the request of the Member State concerned, the other MemberStates, the European Parliament and the Commission shall respectthe confidentiality of information supplied in connection with thereintroduction and prolongation of border control and the reportdrawn up under Article 29.

TITLE IV

FINAL PROVISIONS

Article 32

Amendments to the Annexes

Annexes III, IV and VIII shall be amended in accordance with theprocedure referred to in Article 33(2).

Article 33

Committee

1. The Commission shall be assisted by a committee, herein-after the Committee.

2. Where reference is made to this paragraph, Articles 5 and 7of Decision 1999/468/EC shall apply, having regard to the pro-visions of Article 8 thereof and provided that the implementingmeasures adopted in accordance with this procedure do notmodify the essential provisions of this Regulation.

The period laid down in Article 5(6) of Decision 1999/468/ECshall be set at three months.

3. The Committee shall adopt its rules of procedure.

4. Without prejudice to the implementing measures alreadyadopted, the application of the provisions of this Regulation con-cerning the adoption of technical rules and decisions in accor-dance with the procedure referred in paragraph 2 shall besuspended four years after the entry into force of this Regulation.On a proposal from the Commission, the European Parliamentand the Council may renew the provisions concerned in accor-dance with the procedure laid down in Article 251 of the Treatyand, to that end, shall review them prior to the expiry of the four-

year period.

Article 34

Notifications

1. Member States shall notify the Commission of:

(a) the list of residence permits;

(b) the list of their border crossing points;

(c) the reference amounts required for the crossing of their exter-nal borders fixed annually by the national authorities;

(d) the list of national services responsible for border control;

(e) the specimen of model cards issued by Foreign Ministries.

2. The Commission shall make the information notified inconformity with paragraph 1 available to the Member States andthe public through publication in the Official Journal of the Euro-

pean Union, C Series, and by any other appropriate means.

Article 35

Local border traffic

This Regulation shall be without prejudice to Community ruleson local border traffic and to existing bilateral agreements onlocal border traffic.

Article 36

Ceuta and Melilla

The provisions of this Regulation shall not affect the special rulesapplying to the cities of Ceuta and Melilla, as defined in the Dec-laration by the Kingdom of Spain on the cities of Ceuta and Melillain the Final Act to the Agreement on the Accession of the King-dom of Spain to the Convention implementing the SchengenAgreement of 14 June 1985 (1).

(1) OJ L 239, 22.9.2000, p. 73.



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Article 37

Notification of information by the Member States

By 26 October 2006, the Member States shall notify the Commis-sion of national provisions relating to Article 21(c) and (d), thepenalties as referred to in Article 4(3) and the bilateral arrange-ments concluded in accordance with Article 17(1). Subsequentchanges to those provisions shall be notified within five workingdays.

The information notified by the Member States shall be publishedin the Official Journal of the European Union, C Series.

Article 38

Report on the application of Title III

The Commission shall submit to the European Parliament and theCouncil by 13 October 2009 a report on the application of

Title III.

The Commission shall pay particular attention to any difficultiesarising from the reintroduction of border control at internal bor-ders. Where appropriate, it shall present proposals aimed atresolving such difficulties.

Article 39

Repeals

1. Articles 2 to 8 of the Convention implementing the Schen-gen Agreement of 14 June 1985 shall be repealed with effect from

13 October 2006.

2. The following shall be repealed with effect from the datereferred to in paragraph 1:

(a) the Common Manual, including its annexes;

(b) the decisions of the Schengen Executive Committee of26 April 1994 (SCH/Com-ex (94) 1, rev 2), 22 December1994 (SCH/Com-ex (94)17, rev. 4) and 20 December 1995(SCH/Com-ex (95) 20, rev. 2);

(c) Annex 7 to the Common Consular Instructions;

(d) Council Regulation (EC) No 790/2001 of 24 April 2001reserving to the Council implementing powers with regardto certain detailed provisions and practical procedures forcarrying out border checks and surveillance (1);

(e) Council Decision 2004/581/EC of 29 April 2004 determin-ing the minimum indications to be used on signs at external

border crossing points (2);

(f) Council Decision 2004/574/EC of 29 April 2004 amendingthe Common Manual (3);

(g) Council Regulation (EC) No 2133/2004 of 13 December2004 on the requirement for the competent authorities ofthe Member States to stamp systematically the travel docu-ments of third country nationals when they cross the exter-nal borders of the Member States and amending theprovisions of the Convention implementing the Schengenagreement and the Common Manual to this end (4).

3. References to the Articles deleted and instruments repealedshall be construed as references to this Regulation.

Article 40

Entry into force

This Regulation shall enter into force on 13 October 2006. How-ever, Article 34 shall enter into force on the day after its publica-tion in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in the Member States inaccordance with the Treaty establishing the European Community.

Done at Strasbourg, 15 March 2006.

For the European Parliament

The PresidentJ. BORRELL FONTELLES

For the Council

The PresidentH. WINKLER

(1) OJ L 116, 26.4.2001, p. 5. Regulation amended by Decision2004/927/EC (OJ L 396, 31.12.2004, p. 45).

(2) OJ L 261, 6.8.2004, p. 119.(3) OJ L 261, 6.8.2004, p. 36.(4) OJ L 369, 16.12.2004, p. 5.



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ANNEX I

Supporting documents to verify the fulfilment of entry conditions

The documentary evidence referred to in Article 5(2) may include the following:

(a) for business trips:

(i) an invitation from a firm or an authority to attend meetings, conferences or events connected with trade, industryor work;

(ii) other documents which show the existence of trade relations or relations for work purposes;

(iii) entry tickets for fairs and congresses if attending one;

(b) for journeys undertaken for the purposes of study or other types of training:

(i) a certificate of enrolment at a teaching institute for the purposes of attending vocational or theoretical courses inthe framework of basic and further training;

(ii) student cards or certificates for the courses attended;

(c) for journeys undertaken for the purposes of tourism or for private reasons:

(i) supporting documents as regards lodging:

an invitation from the host if staying with one,

a supporting document from the establishment providing lodging or any other appropriate document indi-cating the accommodation envisaged;

(ii) supporting documents as regards the itinerary:

confirmation of the booking of an organised trip or any other appropriate document indicating the envisagedtravel plans;

(iii) supporting documents as regards return:

a return or round-trip ticket.

(d) for journeys undertaken for political, scientific, cultural, sports or religious events or other reasons:

invitations, entry tickets, enrolments or programmes stating wherever possible the name of the host organisation andthe length of stay or any other appropriate document indicating the purpose of the visit.



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ANNEX II

Registration of information

At all border crossing points, all service information and any other particularly important information shall be registered

manually or electronically. The information to be registered shall include in particular:

(a) the names of the border guard responsible locally for border checks and of the other officers in each team;

(b) relaxation of checks on persons applied in accordance with Article 8;

(c) the issuing, at the border, of documents in place of passports and of visas;

(d) persons apprehended and complaints (criminal offences and administrative breaches);

(e) persons refused entry in accordance with Article 13 (grounds for refusal and nationalities);

(f) the security codes of entry and exit stamps, the identity of border guards to whom a given stamp is assigned at anygiven time or shift and the information relating to lost and stolen stamps;

(g) complaints from persons subject to checks;

(h) other particularly important police or judicial measures;

(i) particular occurrences.



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ANNEX III

Model signs indicating lanes at border crossing points

PART A

(1)

(1) No logo is required for Norway and Iceland.



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PART B



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PART C

(1)

(1)

(1)

(1) No logo is required for Norway and Iceland.



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ANNEX IV

Affixing stamps

1. The travel documents of third-country nationals shall be systematically stamped on entry and exit, in accordance with

Article 10. The specifications of those stamps are laid down in the Schengen Executive Committee DecisionSCH/COM-EX (94) 16 rev and SCH/Gem-Handb (93) 15 (CONFIDENTIAL).

2. The security codes on the stamps shall be changed at regular intervals not exceeding one month.

3. On the entry and exit of third-country nationals subject to the visa obligation, the stamp will, if possible, be affixed sothat it covers the edge of the visa without affecting the legibility of the indications on the visa or the security featuresof the visa sticker. If several stamps must be affixed (for example in the case of a multiple-entry visa, this shall be doneon the page facing the one on which the visa is affixed.

If that page cannot be used, the stamp shall be entered on the following page. The machine readable zone shall not bestamped.

4. Member States shall designate national contact points responsible for exchanging information on the security codes of

the entry and exit stamps used at border crossing points and shall inform the other Member States, the General Sec-retariat of the Council and the Commission thereof. Those contact points shall have access without delay to informa-tion regarding common entry and exit stamps used at the external border of the Member State concerned, and inparticular to information on the following:

(a) the border crossing point to which a given stamp is assigned;

(b) the identity of the border guard to whom a given stamp is assigned at any given time;

(c) the security code of a given stamp at any given time.

Any inquiries regarding common entry and exit stamps shall be made through the abovementioned national contactpoints.

The national contact points shall also forward immediately to the other contact points, the General Secretariat of theCouncil and the Commission information regarding a change in the contact points as well as lost and stolen stamps.



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PART B

Standard form for refusal of entry at the border



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Persons who wish to take the train exclusively for the remaining part of the journey within the territory of the Mem-ber States shall receive clear notification prior to the trains departure that they will be subject to entry checks duringthe journey or at the station of destination.

1.2.4. When travelling in the opposite direction, the persons on board the train shall be subject to exit checks under simi-lar arrangements.

1.2.5. The border guard may order the cavities of carriages to be inspected if necessary with the assistance of the traininspector, to ensure that persons or objects subject to border checks are not concealed in them.

1.2.6. Where there are reasons to believe that persons who have been reported or are suspected of having committed anoffence, or third-country nationals intending to enter illegally, are hiding on a train, the border guard, if he or shecannot act in accordance with his national provisions, shall notify the Member States towards or within whose ter-ritory the train is moving.

2. Air borders

2.1. Procedures for checks at international airports

2.1.1. The competent authorities of the Member States shall ensure that the airport operator takes the requisite measuresto physically separate the flows of passengers on internal flights from the flows of passengers on other flights. Appro-priate infrastructures shall be set in place at all international airports to that end.

2.1.2. The place where border checks are carried out shall be determined in accordance with the following procedure:

(a) passengers on a flight from a third country who board an internal flight shall be subject to an entry check at theairport of arrival of the flight from a third country. Passengers on an internal flight who board a flight for athird country (transfer passengers) shall be subject to an exit check at the airport of departure of the latter flight;

(b) for flights from or to third countries with no transfer passengers and flights making more than one stop-overat the airports of the Member States where there is no change of aircraft:

(i) passengers on flights from or to third countries where there is no prior or subsequent transfer within theterritory of the Member States shall be subject to an entry check at the airport of entry and an exit checkat the airport of exit;

(ii) passengers on flights from or to third countries with more than one stop-over on the territory of the Mem-ber States where there is no change of aircraft (transit passengers), and provided that passengers cannotboard the aircraft for the leg situated within the territory of the Member States, shall be subject to an entrycheck at the airport of arrival and an exit check at the airport of departure;

(iii) where an airline may, for flights from third countries with more than one stop-over within the territory ofthe Member States, board passengers only for the remaining leg within that territory, passengers shall besubject to an exit check at the airport of departure and an entry check at the airport of arrival.

Checks on passengers who, during those stop-overs, are already on board the aircraft and have not boardedin the territory of the Member States shall be carried out in accordance with point (b)(ii). The reverse pro-cedure shall apply to that category of flights where the country of destination is a third country.

2.1.3. Border checks will normally not be carried out on the aircraft or at the gate, unless it is justified on the basis of anassessment of the risks related to internal security and illegal immigration. In order to ensure that, at the airportsdesignated as border crossing points, persons are checked in accordance with the rules set out in Articles 6 to 13,Member States shall ensure that the airport authorities take the requisite measures to channel passenger traffic tofacilities reserved for checks.

Member States shall ensure that the airport operator takes the necessary measures to prevent unauthorised personsentering and leaving the reserved areas, for example the transit area. Checks will normally not be carried out in thetransit area, unless it is justified on the basis of an assessment of the risks related to internal security and illegal immi-gration; in particular checks in this area may be carried out on persons subject to an airport transit visa in orderto check that they are in possession of such a visa.



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2.1.4. Where, in cases offorce majeure or imminent danger or on the instructions of the authorities, an aircraft on a flightfrom a third country has to land on a landing ground which is not a border crossing point, that aircraft may con-tinue its flight only after authorisation from the border guards and from customs. The same shall apply where anaircraft on a flight from a third country lands without permission. In any event, Articles 6 to 13 shall apply to checkson persons on those aircraft.

2.2. Procedures for checks in aerodromes

2.2.1. It shall be ensured that persons are also checked, in accordance with Articles 6 to 13, in airports which do not holdthe status of international airport under the relevant national law (aerodromes) but through which the routing offlights from or to third countries is authorised.

2.2.2. By way of derogation from point 2.1.1 it shall not be necessary to make appropriate arrangements in aerodromes toensure that inflows of passengers from internal and other flights are physically separated, without prejudice to Regu-lation (EC) No 2320/2002 of the European Parliament and of the Council of 16 December 2002 establishing com-mon rules in the field of civil aviation security (1). In addition, when the volume of traffic is low, the border guardsneed not be present at all times, provided that there is a guarantee that the necessary personnel can be deployed ingood time.

2.2.3. When the presence of the border guards is not assured at all times in the aerodrome, the manager of the aerodromeshall give adequate notice to the border guards about the arrival and the departure of aircrafts on flights from or tothird countries.

2.3. Checks on persons on private flights

2.3.1. In the case of private flights from or to third countries the captain shall transmit to the border guards of the MemberState of destination and, where appropriate, of the Member State of first entry, prior to take-off, a general declara-tion comprising inter alia a flight plan in accordance with Annex 2 to the Convention on International Civil Avia-tion and information concerning the passengers identity.

2.3.2. Where private flights coming from a third country and bound for a Member State make stop-overs in the territoryof other Member States, the competent authorities of the Member State of entry shall carry out border checks andaffix an entry stamp to the general declaration referred to in point 2.3.1.

2.3.3. Where uncertainty exists whether a flight is exclusively coming from, or solely bound for, the territories of the Mem-ber States without stop-over on the territory of a third country, the competent authorities shall carry out checks onpersons in airports and aerodromes in accordance with points 2.1 to 2.2.

2.3.4. The arrangements for the entry and exit of gliders, micro-light aircraft, helicopters, small-scale aircraft capable of fly-ing short distances only andairships shall be laid down by national law and,whereapplicable,by bilateral agreements.

3. Sea borders

3.1. General checking procedures on maritime traffic

3.1.1. Checks on ships shall be carried out at the port of arrival or departure, on board ship or in an area set aside for thepurpose, located in the immediate vicinity of the vessel. However, in accordance with the agreements reached on thematter, checks may also be carried out during crossings or, upon the ships arrival or departure, in the territory of athird country.

The purpose of checks is to ensure that both crew and passengers fulfil the conditions laid down in Article 5, with-out prejudice to Article 19(1)(c).

3.1.2. The ships captain or, failing that, the individual or corporation who represents the shipowner in all matters relatingto the shipowners duties in fitting out the vessel (shipowners agent), shall draw up a list, in duplicate, of the crewand of any passengers. At the latest upon arriving in the port he or she shall give the list(s) to the border guards. If,for reasons of force majeure, the list or lists cannot be sent to the border guards, a copy will be sent to the appro-priate border post or shipping authority, which shall forward it without delay to the border guards.

3.1.3. One copy of the two lists duly signed by the border guard shall be returned to the ships captain, who shall produceit on request when in port.

(1) OJ L 355, 30.12.2002, p. 1. Regulation as amended by Regulation (EC) No 849/2004 (OJ L 158, 30.4.2004, p. 1).



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3.1.4. The ships captain, or failing that, the shipowners agent shall report to the competent authority promptly anychanges to the composition of the crew or the number of passengers.

In addition, the captain shall notify the competent authorities promptly, and if possible even before the ship entersport, of the presence on board of stowaways. Stowaways will, however, remain under the responsibility of the shipscaptain.

3.1.5. The ships captain shall notify the border guards of the ships departure in due time and in accordance with the rulesin force in the port concerned; if he or she is unable to notify them, he or she shall advise the appropriate shippingauthority. The second copy of the previously completed and signed list(s) shall be returned to border guards or ship-ping authorities.

3.2. Specific check procedures for certain types of shipping

C r u i s e s h i p s

3.2.1. The cruise ships captain or, failing that, the shipowners agent shall transmit to the respective border guards the itin-erary and the programme of the cruise, at least 24 hours before leaving the port of departure and before the arrivalat each port in the territory of the Member States.

3.2.2. If the itinerary of a cruise ship comprises exclusively ports situated in the territory of the Member States, by way ofderogation from Articles 4 and 7, no border checks shall be carried out and the cruise ship may dock at ports whichare not border crossing points.

Nevertheless, on the basis of an assessment of the risks related to internal security and illegal immigration, checksmay be carried out on the crew and passengers of those ships.

3.2.3. If the itinerary of a cruise ship comprises both ports situated in the territory of the Member States and ports situatedin third countries, by way of derogation from Article 7, border checks shall be carried out as follows:

(a) where the cruise ship comes from a port situated in a third country and calls for the first time at a port situatedin the territory of a Member State, crew and passengers shall be subject to entry checks on the basis of the nomi-nal lists of crew and passengers, as referred to in point 3.2.4.

Passengers going ashore shall be subject to entry checks in accordance with Article 7 unless an assessment ofthe risks related to internal security and illegal immigration shows that there is no need to carry out such checks;

(b) where the cruise ship comes from a port situated in a third country and calls again at a port situated in the ter-

ritory of a Member State, crew and passengers shall be subject to entry checks on the basis of the nominal listsof crew and passengers as referred to in point 3.2.4 to the extent that those lists have been modified since thecruise ship called at the previous port situated in the territory of a Member State.

Passengers going ashore shall be subject to entry checks in accordance with Article 7 unless an assessment ofthe risks related to internal security and illegal immigration shows that there is no need to carry out such checks;

(c) where the cruise ship comes from a port situated in a Member State and calls at such a port, passengers goingashore shall be subject to entry checks in accordance with Article 7 if an assessment of the risks related to inter-nal security and illegal immigration so requires;

(d) where a cruise ship departs from a port situated in a Member State to a port in a third country, crew and pas-sengers shall be subject to exit checks on the basis of the nominal lists of crew and passengers.

If an assessment of the risks related to internal security and illegal immigration so requires, passengers goingon board shall be subject to exit checks in accordance with Article 7;



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(e) where a cruise ship departs from a port situated in a Member State to such a port, no exit checks shall be car-ried out.

Nevertheless, on the basis of an assessment of the risks related to internal security and illegal immigration,checks may be carried out on the crew and passengers of those ships.

3.2.4. The nominal lists of crew and passengers shall include:

(a) name and surname;

(b) date of birth;

(c) nationality;

(d) number and type of travel document and, where applicable, visa number.

The cruise ships captain or, failing that, the shipowners agent shall transmit to the respective border guards thenominal lists at least 24 hours before the arrival at each port in the territory of the Member States or, where the jour-ney to this port lasts less than 24 hours, immediately after the boarding is completed in the previous port.

The nominal list shall be stamped at the first port of entry into the territory of the Member States and in all casesthereafter if the list is modified. The nominal list shall be taken into account in the assessment of the risks as referredto in point 3.2.3.

P l e a s u r e b o a t i n g

3.2.5. By way of derogation from Articles 4 and 7, persons on board a pleasure boat coming from or departing to a portsituated in a Member State shall not be subject to border checks and may enter a port which is not a border crossingpoint.

However, according to the assessment of the risks of illegal immigration, and in particular where the coastline of athird country is located in the immediate vicinity of the territory of the Member State concerned, checks on those

persons and/or a physical search of the pleasure boat shall be carried out.

3.2.6. By way of derogation from Article 4, a pleasure boat coming from a third country may, exceptionally, enter a portwhich is not a border crossing point. In that case, the persons on board shall notify the port authorities in order tobe authorised to enter that port. The port authorities shall contact the authorities in the nearest port designated as aborder crossing point in order to report the vessels arrival. The declaration regarding passengers shall be made bylodging the list of persons on board with the port authorities. That list shall be made available to the border guards,at the latest upon arrival.

Likewise, if for reasons of force majeure the pleasure boat coming from a third country has to dock in a port otherthan a border crossing point, the port authorities shall contact the authorities in the nearest port designated as a bor-der crossing point in order to report the vessels presence.

3.2.7. During those checks, a document containing all the technical characteristics of the vessel and the names of the per-

sons on board shall be handed in. A copy of that document shall be given to the authorities in the ports of entry anddeparture. As long as the vessel remains in the territorial waters of one of the Member States, a copy of that docu-ment shall be included amongst the ships papers.

C o a s t a l f i s h i n g

3.2.8. By way of derogation from Articles 4 and 7, the crews of coastal fisheries vessels which return every day or within36 hours to the port of registration or to any other port situated in the territory of the Member States without dock-ing in a port situated in the territory of a third country shall not be systematically checked. Nevertheless, the assess-ment of the risks of illegal immigration, in particular where the coastline of a third country is located in theimmediate vicinity of the territory of the Member State concerned, shall be taken into account in order to determinethe frequency of the checks to be carried

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